Senate Bill S6088

                                 BILL NUMBER:  S6088A

 TITLE OF BILL :  An act to amend the general business law, in
relation to licensing of laser hair removal technicians

 PURPOSE :

To license and regulate laser hair removal technicians to ensure the
health, safety and welfare of laser hair removal consumers, and for
technicians and trainees while working in the establishment.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Subdivision 6 of section 400 of the general business law is
amended to:

Include laser hair removal or intense pulses light (iPL) hair removal
performed on any part of the human body in the practice of
"esthetics".

Defines laser hair removal as the use of a laser or pulsed light
device in a hair removal procedure that does not remove the epidermis.

Defines a laser hair removal technician as a licensed esthetician
whose practice is limited to a laser hair removal.

              

Section 2. Subdivision 5 of section 402 of the general business law:

Permits the secretary to incorporate competency standards developed by
a nationally accredited organization acceptable to the department.

The department may, at its discretion, waive training and curriculum
requirements for currently employed licensed estheticians performing
laser hair removal provided that the licensed esthetician
satisfactorily completes the competency examination approved by the
department.

Section 3. The general business law adds a new section 404-c to
establish rules and regulations for the practice and operation of
licensed hair removal technicians and establishments in order to
ensure the health, safety and welfare of the public including
licensees and trainees.

Regulations shall include registration fees, minimum age requirements,
a minimum number of training hours, a minimum number of training hours
specific to each body part which shall be performed on volunteers, a
continued certification by a nationally accredited organization
acceptable to the department.

The Commissioner of State shall require establishments providing laser
hair removal to maintain a minimum of one million dollars in
(malpractice) liability insurance.

Every non-medical practice establishment shall be required to have a
certified laser safety officer and consulting physician who is trained
in the use of lasers for hair removal. The consulting physician will
conduct annual policy and procedure audits.

Section 4. The effective date.

 JUSTIFICATION :

Given growing consumer demand for removing unwanted body hair and the
lack of any applicable state law or regulation that addresses the safe
use of lasers for this purpose outside of physician offices, the need
for this legislation is compelling. New Yorkers who seek these
cosmetic services should be protected. It is an important public
safety issue.

Removing unwanted body hair using a lasers/pulsed light device is not
a medical procedure. These services are optional, completely voluntary
and consumer-initiated based on a desire to enhance personal
appearance, whereas the practice of medicine involves diagnosing and
treating human diseases, pain, injury, deformity or physical
condition. Although laser hair removal is a service that is frequently
offered in medical practices such as dermatology or plastic surgery,
there is no reason to limit hair removal to medical practitioners.
However, it is important to require appropriate training and guarantee
the competence of non-medical personnel who use lasers for hair
removal.

The appropriate oversight resides in appearance enhancement licenses
that are issued by the NYS Department of State upon satisfactory
completion of training and education governed by the NYS Education
Department's Bureau of Proprietary School Supervision.

Laser hair removal is a non-ablative procedure meaning that it does
not affect skin layers deeper than the outer layer (epidermis). As
such, the procedure bears closest resemblance to esthetician services.
Although laser hair removal can be performed safely by non-medical
personnel, it is essential that laser hair removal practitioners fully
understand and are competency-tested in laser technology fundamentals
including equipment calibration and maintenance as well as safety
standards that guarantee their safety as well as consumers. It is
understood that such practitioners would also meet all the
requirements in current regulations for licensed estheticians.

It is important to note that other states increasingly rely upon
nationally accredited organizations to test practitioner competence
and guarantee the safety of consumers wishing to avail themselves of
laser hair removal services. The Board of Laser Safety offers
certification for laser safety officers. The Society for Clinical and
Hair Removal offers a Certified Laser Hair Removal Professional
examination and certification. In fact, this organization requires
continuing education in order to maintain certification.

Due to the state's lack of oversight, the number of non-physician
laser hair removal practitioners offering their services in New York
today is not known. What is known informally is that their insurers
report a large number of claims filed by injured New Yorkers who come
here from other states in search of lower fees.

This legislation and the ensuing regulations will provide
administrative and disciplinary oversight essential for the health,
safety and welfare for laser hair removal consumers, trained
technicians, trainees, and establishments.

 LEGISLATIVE HISTORY:

This is a new bill - Same as A7977 Paulin.

 FISCAL IMPLICATIONS :

To be determined.

 EFFECTIVE DATE :
This act shall take effect one year after it shall be signed into law,
provided that the addition, amendment and/or repeal of any rule or
regulation necessary for the implementation are authorized and
directed to be made and completed.